ARTBURST STUDIOS TERMS OF SERVICE
Effective Date: October 1, 2022
The terms “we”, “us”, and “our” refer to Artburst Studios, LLC. (“Company”). These Terms of Service (“Terms of Service”) apply when you visit or use the Company websites (www.artburststudios.com), social media channels and related platforms (“Sites”), or use or purchase our products (such as memberships, merchandise and art) (“Products”). The term “user,” “you” and “your” refers to site visitors and users of the Sites and customers of our Products.
ACCESSING THE SITES AND PRODUCTS
In order to access the Sites and/or online Products, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access.
We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Sites (or any part thereof) or Products, for any reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, interruption, suspension or discontinuance of the Sites and/or Products. We are not responsible for delay or failure of our performance of any of the features of the Sites and Products caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
FOR LAWFUL PURPOSES
To access or use the Sites or Products, you must be eighteen (18) years old or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Sites and/or Products.
You may use the Sites and/or Products for lawful purposes only. You agree to use the Sites and/or Products for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites and/or Products any material which violates or infringes our rights, or the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
While we try to be as clear as possible in explaining the Products, please do not accept the description as entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Our Products are delivered to you online in a digital and physical format. In order to access certain Products, you will be required to establish a Customer Account by providing information about yourself including your name, current email address, username, password and other personal information, which you must treat as confidential. You agree that any such information you give to the Company will always be accurate, correct and up-to-date, otherwise we will not be able to deliver important details about your Product purchase(s) to you.
You agree that the Products, including any materials contained therein, any usernames or passwords, may only be used by you – the individual who is the customer on record with the Company – as permitted herein and may not be sold or distributed without the Company’s express written consent.
You agree to make timely and full payments to the Company for purchased Product(s) (regardless of whether you selected to pay for the Product(s) in full or with a payment plan).
You authorize the Company to automatically charge the credit card on file for any and all payment balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, the Company may revoke your access to the Products, without refund.
Return and Refund Policy
To be eligible for a refund after purchasing a piece of art, contact the artist directly within five days of receipt of the artwork. The artist will provide instructions on how and where to send artwork for return.
Artwork must be returned to the artist by no later than ten days after receipt of the artwork. Costs for returning artwork, unless it was damaged in shipment, will be paid by the purchaser. Upon receipt of artwork in good condition, the artist will determine whether or not a refund will be made. If you are unhappy with the results, contact Artburst Studios through the contact form on the website www.artburststudios.com. Artwork sent back without coordinating with the artist will not be refunded.
Damages and issues
Please inspect your order upon receipt and contact your artist immediately if the item is damaged during shipment or there are other concerns, so that he/she can work with you to come to an agreeable resolution. Take photographs of damaged packaging if damage was the result of shipping issues and forward them to the artist.
Exceptions / non-returnable items
Membership passes and non-original artwork merchandise (t-shirts, tote bags, etc.) purchased online are non-refundable. Please contact Artburst Studios if you have questions or concerns about your specific item.
The artist will notify you once they have received and inspected your return, and let you know if the refund was approved or not. If approved, the refund will be refunded by your artist. If the refund is processed by Artburst Studios, you’ll receive the refund to your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund.
For Products you have access to, the Company grants you a limited, personal, non-exclusive, non-transferable for your own personal and internal business use. Except as otherwise provided, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create competing products or services, enhance, or in any way exploit any of the Products in any manner.
You shall not remove any copyright notice from any of the Products. Doing so may infringe on our intellectual property rights, as outlined below.
INTELLECTUAL PROPERTY POLICIES
The Sites and Products contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites and Products, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. Without limiting the generality of the foregoing, you may not:
- include such content in or with any product or service that you create or distribute;
- reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Sites/Products, use of the Sites/Products, or access to the Sites/Products;
- establish: (i) a hyperlink, including a deep link, to any page or location on the Sites/Products; or (ii) a frame containing any portion of the Sites/Products, on any other website or text document with hyperlink capabilities without the express written permission of the Company;
- copy such content onto your or any other website or publication; or
- direct any other person to do any of the foregoing.
We reserve the right to immediately remove your access to our Sites and Products, without refund, if you are found to be violating this intellectual property policy.
NO RESALE OF SITE OR PRODUCT CONTENT
You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Sites and/or Products or content or other information or materials of any kind that you do not own without our express prior written consent.
THIRD PARTY LINKS AND ADVERTISING ON OUR SITES AND PRODUCTS
We may provide links to other websites or resources, which are not maintained by or related to us. Links to such sites are provided as a service to our users and customers and are not sponsored by, endorsed or otherwise affiliated with the Company. We have no control over these sites and their content, and make no representations or warranties about the content, completeness, quality or accuracy of the links, goods, services, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.
THIRD-PARTIES CONNECTING TO OUR SITES AND PRODUCTS
Company is not responsible for the content or practices of third-party websites that may be linking to our Sites and/or Products and Company and makes no representation or warranty regarding such third parties, their websites, their content, or their goods and services.
From time to time, the Company may include affiliate links on its Sites and in its Products. This means that if you purchase an item using an affiliate link, the Company may earn a commission.
PUBLICLY SHARED INFORMATION NOT CONFIDENTIAL
You understand that information provided or shared with us directly or indirectly, on our Sites, social media platforms, chat rooms, discussion forums or message boards (whether in the form of emails, text messages, comments, audio calls, video calls, coaching calls, webinars, or otherwise) will be broadly available to other persons, both inside of and/or outside of the Company.
Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company.
With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, discussions on the Sites and/or Product-related forums, calls, calls, or otherwise, for the purposes of marketing or promoting the Company Sites and/or Products.
ERRORS, INACCURACIES, AND OMISSIONS
Information provided about or in the Sites and/or Products is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Sites and/or Products.
USE OF TESTIMONIALS AND REVIEWS
The Sites and/or Products may reference testimonials, reviews, case studies or other feedback from others about our Sites and/or Products. Although these testimonials are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information in our Sites and/or Products.
Harassment and cyberbullying
Harassment, bullying and threats, as well as calls to commit such actions are prohibited. Content published to offend others, containing serious threats, harassment or hints of harassment, will be removed, and the user who posted it – blocked. The Company reserves the right to immediately remove anyone from the Sites, Products and/or Social Media Groups, without refund, if you violate these Terms of Service or other agreements governing your use of the Sites and/or Products.
THE USE OF THE SITES AND PRODUCTS ARE AT YOUR SOLE RISK. THE SITES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE SITES AND PRODUCTS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (1) THE SITES AND PRODUCTS WILL MEET YOUR REQUIREMENTS, (2) THE SITES AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SITES AND PRODUCTS WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF SITES AND PRODUCTS WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SITES AND PRODUCTS WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SITES AND PRODUCTS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITES AND PRODUCTS SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.
You agree to indemnify, defend, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of our Sites and/or Products in violation of these Terms of Service and/or your violation of any rights of another or any applicable law, rule or regulation. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Sites and Products.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Sites and/or Products to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Sites, Products and/or Social Media, without refund, if you violate these Terms of Service or other agreements governing your use of the Sites and/or Products.
RELATIONSHIP OF THE PARTIES
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us by virtue of your use of the Sites and/or Products. Furthermore, no professional client relationship is formed between you and Company by your use of the Sites and/or Products, unless you and the Company enter into a separate written agreement indicating our intention of entering into a professional client relationship with you.
Any notice or other communication to be given will be in writing and given by registered or certified mail return receipt requested to the physical address or email address noted below for the Company or to the last known physical address or email address associated with your account.
The Terms of Service shall be governed by the laws of the State of Colorado.
If a dispute arises under these Terms of Service, we agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Denver, Colorado. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by the both of us.
If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, it shall be settled exclusively by submitting to binding arbitration in Denver, Colorado.. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
If any court action is necessary to enforce these Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid. Company may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
CHANGES TO TERMS OF SERVICE
We may amend these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on the Sites and/or Products. Any use of the Sites or Products by you after means you accept these amendments.
HOW TO CONTACT US
You can email us with any questions or comments about the Terms of Service at:
Address: Artburst Studios, LLC
820 S. Monaco Parkway #199
Denver, Colorado 80224